How are deposits made?

How are deposits created?

1.   judicially  -  when an attachment or seizure of property in litigation is ordered

2.   extrajudicially

a.     voluntary- delivery is made by the will of the depositor or by two or more persons each of whom believes himself entitled to the thing deposited;  depositor has complete freedom in choosing the depositor

b.     necessary- made in compliance with a legal obligation, or on the occasion of any calamity, or by travelers in hotels and inns or by travelers with common carriers; depositor lacks free choice

General Rule:  A deposit is a gratuitous contract

EXCEPTIONS:

a.            when there is a contrary stipulation

b.                                     where depositary is engaged in the business of storing goods

c.            where property is saved without knowledge of the owner in involuntary deposit, the latter is bound to pay the former just compensation

Subject matter of deposit:  only corporeal (tangible) things

a.            judicial  -  movable or immovable

b.            extrajudicial  -  only movable (personal)